Needed Certification for Real Estate Lawyer?

[davidp5118]

To become a real estate lawyer, is additional certification needed besides a law degree?

For example, passing your state real estate license examination or an LLM in real estate?

Just wondering if specific, real estate centered, certifications were needed. Or if you can simply join a real estate firm out of law school and begin practicing.

Many thanks,
David P

 

[tranquility]

To become a real estate lawyer, is additional certification needed besides a law degree?

For example, passing your state real estate license examination or an LLM in real estate?

Just wondering if specific, real estate centered, certifications were needed. Or if you can simply join a real estate firm out of law school and begin practicing.

Many thanks,
David P

It depends on the state as to if there is even a specialization in that category and, if so, the requirements. For example, in CA, there is no real estate specialization:

http://ls.calbar.ca.gov/LegalSpecialization/LegalSpecialtyAreas.aspx

 

[FarmerJ]

I suspect for some Lawyers its not really that there was very specialized training since law school one would think would have so called units where they cover sub categories of law and ILL lay odds that some attorneys just are better at some categories or discover that they really like one area of the law more than others and go that route or do so well in one area ( or the potential money to be made off one area of law you know like DUI defense Attorneys in the yellow pages there are many of them who just were real good at that area of the law so that's what they they seek out for clientele.

 

[TigerD]

Yup. I was planning to do media law or collections law and really came to love criminal law. Now I make a fraction of the money as a public defender, but I get to see my kids and really enjoy what I am doing.

TD

 

[quincy]

In what state are you located, David P?

In many (most?) states, an attorney will still need to pass a state real estate exam and obtain a real estate license to practice real estate - although licensed attorneys can provide real estate services for their clients if the services are limited to the practice of law (e.g., are in connection with or concurrent to legal services provided to those clients).

The American Bar Association issued an ethics opinion on this several years ago, as have several State Bar Associations.

But, as tranquility noted, the specific state matters.

 

[Mass_Shyster]

In what state are you located, David P?

In many (most?) states, an attorney will still need to pass a state real estate exam and obtain a real estate license to practice real estate - although licensed attorneys can provide real estate services for their clients if the services are limited to the practice of law (e.g., are in connection with or concurrent to legal services provided to those clients).

The American Bar Association issued an ethics opinion on this several years ago, as have several State Bar Associations.

But, as tranquility noted, the specific state matters.

Interesting....

In Massachusetts, there are two real estate licenses: a salesperson's license and a broker's license. A salesperson can only work under a broker. To take the broker's exam, a salesperson must have a certain amount of experience and take a specific class. (There's also a course/exam for the salesperson's license)

A law student who has taken property is exempt from the salesperson's class.

A practicing lawyer can simply request a broker's license with no class or exam.

Even more reason why the specific state matters...

 

[quincy]

Interesting....

In Massachusetts, there are two real estate licenses: a salesperson's license and a broker's license. A salesperson can only work under a broker. To take the broker's exam, a salesperson must have a certain amount of experience and take a specific class. (There's also a course/exam for the salesperson's license)

A law student who has taken property is exempt from the salesperson's class.

A practicing lawyer can simply request a broker's license with no class or exam.

Even more reason why the specific state matters...

Yup. The specific state matters.

Here are a bunch of links to information, for those who like to read.

The first link is to an article that provides a nice overview - "Thinking of Being a Lawyer/Broker? Think Again," by Patrick A. Randolph, Jr, Professor of Law, UMKC School of Law - followed by a link to another good overview by Timothy H. Daniel for the Journal of Texas Consumer Law, "How Exempt Are Attorneys from the Texas Real Estate License Act?" (see footnote 17), and the third link is to the article, "Got Ethics? Lawyers' Ethics in Real Estate Transactions," by Roger Bernhardt and Robert L. Kehr, ABA Real Property, Probate & Trust Magazine, March/April 2012, and the last two links are to cases out of New Jersey, to pick just one state out of all.

http://www.hofstra.edu/pdf/law_thinking_lawyer_broker.pdf

http://www.jtexconsumerlaw.com/V7N3pdf/V7N3trela.pdf

http://www.americanbar.org/publications/probate_property_magazine_2012/march_april_2012/ethics_in_real_estate_transactions.html

http://www.leagle.com/decision/1991329250NJSuper79_1319/LOVETT v. ESTATE OF LOVETT

http://www.leagle.com/decision/19811360180_1340/SPIRIT v.NEW JERSEY REAL ESTATE COMM'N